Dependant entry policy revised

September 18, 2018

The Government has revised the immigration policy on applications for entry of non-local dependants.

Under the revised policy, a person who has entered into a same-sex civil partnership, same-sex civil union, "same-sex marriage", opposite-sex civil partnership or opposite-sex civil union outside Hong Kong with an eligible sponsor in accordance with the law in force of the place of celebration and with such status being legally and officially recognised by the authorities of the place of celebration will be eligible to apply for a dependant visa or entry permit for Hong Kong.

The Director of Immigration will favourably consider an application from a person who is the other party to one of the above relationships for entry for residence as a dependant in Hong Kong if he or she meets the normal immigration requirements and the policy’s original specific eligibility criteria.

The criteria include reasonable proof of a genuine relationship between the applicant and the sponsor, no known record to the detriment of the applicant, and that the sponsor is able to support the dependant's living at a standard well above the subsistence level and provide him or her with suitable accommodation in Hong Kong.

The revised policy will come into effect on September 19.

The Government said it decided to revise the policy upon the completion of a review conducted following the judgment handed down by the Court of Final Appeal on July 4 in QT v Director of Immigration.

The Immigration Department will process outstanding and new applications according to the revised policy.

The Government stressed the revision concerns the immigration policy on applications for entry of non-local dependants only and does not affect the meaning of "spouse" under the policy.

It also does not affect any other policies of the Government or any other rights under the existing law in Hong Kong, it said.

The revision has nothing to do with legal recognition of same-sex civil partnership, same-sex civil union, 'same-sex marriage', opposite-sex civil partnership or opposite-sex civil union in Hong Kong, it added.